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Ancestors, Collaterals, and Escheat

Persons related in ascending lineal line. Parents Grandparents Great-grandparents etc

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Page 1: Persons related in ascending lineal line.  Parents  Grandparents  Great-grandparents  etc

Ancestors, Collaterals, and Escheat

Page 2: Persons related in ascending lineal line.  Parents  Grandparents  Great-grandparents  etc

Ancestors

Persons related in ascending lineal line.

Parents Grandparents Great-grandparents etc.

Page 3: Persons related in ascending lineal line.  Parents  Grandparents  Great-grandparents  etc

Collaterals

Related, but not lineally.

First-Line▪ Siblings▪ Nieces/Nephews▪ etc.

Second-Line▪ Aunts/Uncles▪ Cousins▪ etc.

Page 4: Persons related in ascending lineal line.  Parents  Grandparents  Great-grandparents  etc

First Line Collateral Example

Page 5: Persons related in ascending lineal line.  Parents  Grandparents  Great-grandparents  etc

Parentelic System

Search each side of the family until an ancestor, or a descendant of an ancestor, is located.

Use same multi-generation method as for descendants.

Page 6: Persons related in ascending lineal line.  Parents  Grandparents  Great-grandparents  etc

Parentelic Example

Page 7: Persons related in ascending lineal line.  Parents  Grandparents  Great-grandparents  etc

Degree of Relationship – Civil Law

Count number of steps up from intestate to nearest common ancestor and the number of steps from that ancestor to the heir.

The degree of relationship is the total number of steps.

Uncle = ___ Cousin = ___

Page 8: Persons related in ascending lineal line.  Parents  Grandparents  Great-grandparents  etc

Degree of Relationship – Civil Law

Page 9: Persons related in ascending lineal line.  Parents  Grandparents  Great-grandparents  etc

Degree of Relationship – Canon Law

Count number of steps as with civil law method.

The degree of relationship is the larger number of steps to the common ancestor. Uncle = ___ Cousin = ___

Page 10: Persons related in ascending lineal line.  Parents  Grandparents  Great-grandparents  etc

Degree of Relationship – Canon Law

Page 11: Persons related in ascending lineal line.  Parents  Grandparents  Great-grandparents  etc

Escheat

If no heirs, property escheats to the state.

Real property – use law of property’s situs

Personal property – use law of intestate’s domicile at death

Page 12: Persons related in ascending lineal line.  Parents  Grandparents  Great-grandparents  etc

Laughing Heirs

Page 13: Persons related in ascending lineal line.  Parents  Grandparents  Great-grandparents  etc

Ohio Statute -- § 2105.06

(F) If there is no spouse and no children or their lineal descendants, to the parents of the intestate equally, or to the surviving parent;

Page 14: Persons related in ascending lineal line.  Parents  Grandparents  Great-grandparents  etc

Ohio Statute

(G) If there is no spouse, no children or their lineal descendants, and no parent surviving, to the brothers and sisters, whether of the whole or of the half blood of the intestate, or their lineal descendants, per stirpes;

Page 15: Persons related in ascending lineal line.  Parents  Grandparents  Great-grandparents  etc

Ohio Statute

(H) If there are no brothers or sisters or their lineal descendants, one-half to the paternal grandparents of the intestate equally, or to the survivor of them, and one-half to the maternal grandparents of the intestate equally, or to the survivor of them;

Page 16: Persons related in ascending lineal line.  Parents  Grandparents  Great-grandparents  etc

Ohio Statute

(I) If there is no paternal grandparent or no maternal grandparent, one-half to the lineal descendants of the deceased grandparents, per stirpes; if there are no such lineal descendants, then to the surviving grandparents or their lineal descendants, per stirpes; if there are no surviving grandparents or their lineal descendants, then to the next of kin of the intestate, provided there shall be no representation among the next of kin;

Page 17: Persons related in ascending lineal line.  Parents  Grandparents  Great-grandparents  etc

Ohio Statute

(J) If there are no next of kin, to stepchildren or their lineal descendants, per stirpes;

Page 18: Persons related in ascending lineal line.  Parents  Grandparents  Great-grandparents  etc

Ohio Statute

(K) If there are no stepchildren or their lineal descendants, escheat to the state.

Page 19: Persons related in ascending lineal line.  Parents  Grandparents  Great-grandparents  etc

Locating Heirs